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(영문) 인천지방법원 2017.09.21 2017고단4944
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 7, 2017, at around 17:19, the Defendant discovered the victim E (n, 11 years old) and F (n, 11 years old), who is a child in front of D Borrowing located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and found him/her to have pande his/her panty and panty, and shown his/her sexual organ by hand.

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to the victimized child.

2. On October 18, 2013, the Defendant discovered the victim I (the victim I, the 13-year-old), and J (the 13-year-old), who is a child, that passed through the Hacheon-gu G, Y in order to attend the H Park, 08:30 on October 18, 2013, and knife him and panty and panty, and knife his sexual organ by hand.

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to the victimized child.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement K and I;

1. Response to a request for appraisal;

1. Application of each field photograph, CD (CCTV video) statute;

1. Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Act on the Punishment of Children and Child Uniforms, which are applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The Defendant exempted the disclosure and notification order from the crime of this case two times, but does not have the same criminal record, and there is a risk of repeating the crime because the period between the crimes is considerably long.

It is difficult to conclude the registration of personal information and treatment of sexual assault.

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